Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Continuation of CIRP after a genuine repayment offer may be stopped where the sole creditor has been fully paid and no other claims exist. The Code is aimed at revival of the corporate debtor, not compulsory divestiture or settling personal scores. On these facts, refusal by the sole-member CoC to accept settlement without any justifiable reason was treated as arbitrary and as misuse of the insolvency process. Once malicious intent or abuse became apparent during the proceedings, the Tribunal could terminate the CIRP itself rather than wait for separate penal consequences.
Continuation of CIRP after a genuine repayment offer may be stopped where the sole creditor has been fully paid and no other claims exist. The Code is aimed at revival of the corporate debtor, not compulsory divestiture or settling personal scores. On these facts, refusal by the sole-member CoC to accept settlement without any justifiable reason was treated as arbitrary and as misuse of the insolvency process. Once malicious intent or abuse became apparent during the proceedings, the Tribunal could terminate the CIRP itself rather than wait for separate penal consequences.
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